B 21 

ri58 

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opy 1 




1917 



STATE OF MICHIGAN 



LAWS RELATING TO 



ORCHARDS AND VINEYARDS 



com l-II.I'I) UNDBJR THE SUPERVISION OF 

COLEMAN C. VAUGHAN 

SECRETARY OF STATE 



1917 



LANSING, MICHIGAN 
WYNKOOI- BALLENBBCK CRAWFORD CO.. STATE PRINTERS 

1917 



1917 



STATE OF MICHIGAN 



LA WIS KELATIXO TO 



ORCHARDS AND VINEYARDS 



COMPILED UNDER THE SUPERVISION OF 

COLEMAN C. VAUGHAN 

SECRETARY OF STATE 



1917 



LANSING, MICHIGAN 
WYNKOOP IIALLENBECK CRAWFORD CO.. STATE PRINTERS 

1917 



SB 2/ 

CONTENTS. ~r\ 5 8 

Page 

Authorizing and regulating a county agricultural department 3 

Preventing importation of dangerous insects and contagious diseases 6 

Preventing manufacture, sale, etc., of adulterated insecticides or fungicides 14 

Preventing trespass on cranberry marshes 17 

Preventing trespass on huckleberry and blackberry marshes 18 

Protecting vineyards, orchards and gardens 19 

Preventing wilful, etc., destruction of fruit, shade or ornamental trees 19 

Preventing wrongful taking, detaching, etc., or injuring any fruit tree, shade tree, 

etc 19 

Protecting glowers and owners of certain medicinal plants and herbs, etc 20 

Preventing fraud, etc., in the sale of Michigan grown fresh fruits and vegetables, 

etc 20 

Fixing standards for apples grown in this state when packed in closed packages, 

and regulating the packing and sale of such apples 22 

Fixing the standard barrel for fruits, vegetables and other dry commodities 24 

Fixing standards for climax baskets for grapes and other fruits and vegetables, and 
to fix standards for baskets and other containers for small fruits, berries, vege- 
tables, etc r 26 

Regulating the packing for shipment and sale of table grapes 27 



n.* of P. 

MAR 7 191^ 



LAWS RELATING 

TO 

ORCHARDS AND VINEYARDS. 



An Act to authorize and regulate a county agricultural department. 
[Act 67, P. A. 1913.] 

The People of the State of Michigan enact: 

§ 7854. Section 1. The boards of supervisors of the several Appropria- 
counties of this state are hereby authorized to appropriate tlons ' 
from funds of their respective counties, or to assess and cause 
to be spread upon the taxable property of their respective 
counties, a sufficient sum of money to carry out the purposes 
of this act: Provided, however, That there shall not be so Proviso, 
appropriated, raised or assessed in any county in any one llmit ' 
year more than fifty cents on each one thousand dollars or 
major portion thereof of the assessed valuation of the real 
and personal property of such county, but in no case to exceed 
two thousand dollars, in addition to the salary mentioned in 
this act. 

§ 7855. Sec. 2. Each of said boards of supervisors so Farm com- 
making such appropriation or assessment, shall also elect one ierm°saiar 
qualified person for each county, respectively, to be known as 
farm commissioner, who shall hold his office for two years and 
shall receive such annual salary as-sflid board of supervisors 
shall determine, not exceeding two thousand dollars. 

§ 785G. Sec. 3. The fund so appropriated shall be known Farm deveiop- 
as the farm development fund, and the same may be used to ment fund - 
enable said commissioner to defray his actual expenses, aside 
from salary, and carry out the purposes of this act. 

§ 7857. Sec. 4. The salary of such commissioner shall be salary, how 
paid out of the general fund of such county, and as other paid - 
county salaries are paid. 

§ 7858. Sec. 5. Such commissioner shall be a person not Qualifications. 
less tli an twenty-live years of age, an experienced practical 
man who, in the opinion of said board, is versed in all matters 
pertaining to farming pursuits, the growing of agricultural 
products and fruits suitable in such county, and one who is 
versed in the knowledge of soil fertility, rotation of crops, 
fertilizers and fertilizing, and possessing a knowledge of the 
kind of crops best adapted to the various soils and conditions 
of such county. 
2 



LAWS FOR THE PROTECTION OF 



(nun of office. § 7859. Sec. G. Such commissioner shall, before entering 
upon the duties of his office, execute the constitutional oath 
of office and file same with the county clerk of such county; 
and shall also before entering upon such duties execute and 
enter into a. bond in a sum to be fixed by said board of 
supervisors, not less than one thousand dollars nor to ex- 
ceed double the sum appropriated in the then current year, 
said bond to be signed by at least, two sureties and approved 
by the county treasurer of the county, conditioned for the 
faithful performance of bis duties and the accounting of 
all funds and moneys, material and apparatus coming into 
his hands; which bond shall run to the board of supervisors 
of such county and shall be filed in the office of the county 
clerk thereof, and action may be brought thereon for viola- 
tions of its conditions and provisions, the same as on other 
county officers' bonds running to said board. 

§ 78G0. Sec. 7. The fund created by this act shall be 
raised and collected as are other taxes for county expenses, 
and paid over to the county treasurer, and by him kept sepa- 
rate from all other funds, and to be paid out only on the 
order of said farm commissioner or transferred to the general 
fund of such county as hereinafter specified. 

§ 78G1. Sec. 8. Such commissioner shall keep an accurate 
account of all of the expenditures by him made from such 
fund and of the orders drawn thereon, and he shall make 
annual report of all such expenditures and orders drawn, and 
of his doings and actions in full to the board of supervisors 
of such county at each annual October meeting thereof. 

§ 78G2. Sec. U. The duties of such commissioner in gen- 

[ssloner. eral sna]1 be ag f H ows ; 

a. To be of every material benefit and assistance to the 
farming and fruit interests of his county; 

b. To render advice and insf ruction to the people of the 
county who need help most, to make for successful cultiva- 
tion and cropping of the' soil for all products grown there- 
from ; 

c. To contract with farmers and fruit growers through- 
out the county for demonstration and experimental purposes, 
for acreage of ground and orchards or small fruits, to the 
end that each fanner or fruit grower so contracted with will 
fertilize, fit for crops, plant and sow to crops and care for 
and harvest the same in accordance with the instruction and 
direction of such commissioner, but without compensation; 
such farmer to have the crop grown thereon and to keep such 
records and data concerning the same, as to the kind of seed 
and fertilizer used, cultivation, rain fall on same, harvest, 
care and yield of crop and other information as such com- 
missioner shall require ; 

d. Such commissioner to so manage and keep records of 
each trad that each may be such a demonstration and ex- 
periment station in itself as to tend to bettering future con- 
ditions; 



Fund, how 
raised, etc. 



i xpendltures, 

account of, 
etc. 



I >utlea of 



ORCHARDS AND VINEYARDS. 



e. To instinct as far as possible the inhabitants as to 
important farm questions relating to soil fertility, crop ro- 
tation, fertilizers (crop and commercial), kinds of crops best 
adapted to various soils, and in every way to raise and im- 
prove the standard of farming and fruit growing; 

f. To work in conjunction with the Michigan agricultural 
college or any governmental or state aid that may be secured 
by federal or state appropriations for similar purposes; 

g. To stimulate interest for more scientific farming and 
fruit growing, and in every reasonable and practical way 
raise the standard of farming and fruit growing in such 
county. 

§ 7S63. Sec. 10. Said commissioner shall keep an office in office- 
such county, and there keep on tile and for public examination 
in systematic form, records, data and results of the various 
experiments and demonstrations in such a way as to be of 
the greatest benefit to the public, and turn over to his suc- 
cessor in office all the records, files and documents, fixtures. 
apparatus and material of his said office which shall belong 
to the county. 

§ 7864. Sec. 11. Such commissioner mav enter into con- JJJJ^SiS? 
tracts with farmers and fruit growers in his name of office, etc - 
and sue them for violations thereof in his name of office, and 
may employ such assistants as he deems necessary to carry on 
the work outlined by this act to the best advantage: Pro- Provlso - 
vided, however. That said commissioner shall devote substan- 
tially his whole time to said work, and shall not expend por- 
tions of such development fund for other assistants, except 
when the same are necessary to carry out the purposes of this 
act to the best advantage and benefit to the people. 

§ 7865. • Sec. 12. Such commissioner is authorized to pur- Office fixtures 
chase such reasonable office fixtures and supplies and record purchase, 
books as are necessary to carry out the provisions of this act, 
and is authorized to purchase such reasonable supply of 
apparatus and chemicals and material as is necessary for him 
to test soils, fertilizers, spraying materials and seeds, and 
carry on experiments; but he shall make no charge for such 
testing nor for any other services performed under this act, 
and he shall receive no other or further compensation or fees 
than such as are prescribed by this act: Provided, however. Proviso. 
That if such commissioner can procure adequate tests of 
above materials, soils, etc., at the agricultural college of the 
state, it shall be the intent of this act that he shall so do, and 
only purchase material for or hire such tests made as are 
necessary for adequate and efficient service in the work of his 
said office. 

§ 7866. Sec. 13. The board of supervisors of each county Supenrtoow 
having appropriated or raised funds under this act may dis- tinue office. 
continue the office, and discontinue the raising of further 
funds thereunder by a resolution of such board adopted by a 
majority of the members thereof: Provided, however, That Proviso. 
such action shall not terminate the office or salary of any 



LAWS FOR THE PROTECTION OF 



Further 
proviso, 

referendum 



Funds, where 
applicable. 

Proviso. 



Further 
proviso. 



Referendum. 



commissioner elected thereunder until the expiration of liis 
term of office as provided herein: Provided further, That the 
said office shall not be terminated except by a referendum vote 
the same as is provided in section fifteen for its adoption. 

§ 78C>7. Sec. 14. No funds appropriated or raised under 
this act shall be used for contribution to agricultural societies 
or any other purpose than that prescribed in this act: Pro- 
vided, however. That if such office and work should be discon- 
tinued by resolution of the board of supervisors, then in that 
case all moneys remaining in such development fund shall 
thereupon be by such county treasurer transferred to the 
general fund of such county: And provided further, That 
funds raised under the act may, by resolution of the board of 
supervisors or by order of said farm commissioner, be appro- 
priated or used to comply with and in co-operation with any 
state or governmental requirements for agricultural develop- 
ment, demonstration or experimental work in each county 
respectively. 

§ 7868. Sec. 15. The provisions of this act shall not apply 
in any county of this state until the question of adopting the 
same shall have been submitted to the qualified electors there- 
of. Such question may be submitted either by resolution of 
the board of supervisors or upon petition, signed by not less 
than five per cent of the qualified electors resident in such 
county, addressed to said board. Upon receipt of such peti- 
tion it shall be the duty of the board of supervisors to submit 
the question at the first general election held after the meet- 
ing of the board at which the petition is presented, or at a 
special election called for that purpose. Ballots for the sub- 
mission of such question shall be prepared and distributed by 
the same officers as are required by law to prepare and dis- 
tribute ballots for county elections, and the canvass and re- 
turn of the vote thereon shall be the same as is provided by 
law for the canvass and return of the vote upon county of- 
ficers. If upon the canvass of the votes upon such question 
it shall appear that a majority of the electors voting thereon. 
are in favor of the adoption of the provisions of this act in 
their respective counties, then this act shall be in full force 
and effect in such countv and not otherwise. 



Ballots. 



An Act to prevent the importation from other states and the spread 
within this state, of dangerous insects and dangerously conta- 
gious diseases affecting trees, shrubs, vines, plants and fruits, and 
to repeal all acts or part [parts] of acts that contravene the pro- 
visions of this act. • 

I Acl 91, P. A. 190.-,.] 

The People of the State of Michigan enact: 

nir«(t^i tr.,s, § 7411. Section 1. Tt shall be unlawful for any person 
or persons, firm or corporation, knowingly, to keep upon their 



ORCHARDS AND VINEYARDS. 



premises, or upon premises under their control or charge, any 
trees or fruit infected with the diseases known as peach yel- 
lows, rosette, or little peach, or any part of a tree infected 
with the diseases known as black knot or pear blight, or any 
tree, shrub, plant or vine infected with any other dangerously 
contagious disease, or infested with the S;m Jose scale, canker- 
worm or any other dangerously noxious insect pest. It shall unlawful to 

, , -i " <• 1 <• ' /> sell infected 

also be unlawful tor any person or persons, firm or corpora- trees. 
tion knowingly, to sell or offer for sale, or to give away, any 
tree, shrub, plant, or vine, infected or infested with any dan- 
gerously infectious disease or noxious insect, or any fruit 
infected with peach yellows. 

§ 7412. Sec. 2. The state board of agriculture shall, upon State tn- 
the passage of this act, appoint some competent person to be orchards! who 
known as state inspector of orchards and nurseries, who shall t0 a PP° int - 
hold office for two years, and whose duties shall be as here- 
inafter prescribed. He shall have power to appoint such nam- Deputies, 
ber of deputy inspectors as may be necessary, subject to the 
approval of the state board of agriculture. Said deputy in- 
spectors shall act under the orders of, and shall perform such 
duties as may be directed by the state inspector of orchards 
and nurseries. The salary, or per diem, of die state and s ^ a W' or 
deputy inspectors shall be fixed by the state board of agri- 
culture. 

§ 7413. Sec. 3. Any person or persons, firm or corpora- ^ W rs r to° r 
tion, growing or offering for sale, in this state, any trees, have stock 
shrubs, vines or plants, commonly known as nursery stock, mspected - 
shall, on or before the first day of August in each year, apply 
to the Michigan state board of agriculture for the inspection 
of said stock under the provisions of this act and for a license 
for its sale. A license fee of five dollars shall be paid, and a Amount of 
bond for one thousand dollars, with sureties satisfactory to bond* 6 ' 
said board, and conditioned upon the compliance with the 
requirements of this act, shall be filed. No nursery stock shall No stock to be 
be shipped or delivered until it has been examined by the ut P certificate. 
state inspector of orchards and nurseries, or a deputy in- 
spector and has received a certificate as hereinafter provided. 
All growers or dealers in nursery stock, shall, upon demand Must^ furnish 
tile with the state board of agriculture a list of the persons to purcha 
whom they have sold or delivered any nursery stock, giving 
the species, which list shall be for the sole use of the state 
inspector of orchards and nurseries and his deputies: Pro- Proviso, 
vided, That the provisions of this section shall not apply to 
persons engaged in fruit growing, who are not nurserymen, 
but desire to sell or exchange surplus small fruit plants of 
their owu growing: Provided further, That the provisions of Further 
this section shall not apply to fanners or other persons who pr ° 
may sell shade trees from their own wood lots. 

§ 7414. Sec. 4. No person or persons, firm or corporation, Dealers must 
residents of another state, territory, province or country, shall and certificate. 
engage or continue in the business of selling, or taking orders 
within this state for the sale of any trees, plants, shrubs or 



LAWS FOR THE PROTECTION' OF 



When license 

to lit' 



State ' 

or, duty of. 



When certifi- 
cate of inspec- 
tion given. 



Certificate 

may be 
revoked. 



vines, commonly known ;is nursery stock, withoul first obtain- 
ing from the stale hoard of agriculture a license ;is provided 
for in section three of this act, and filing a certificate of 
inspection from a state or government officer, or some person 
designated by the Michigan state board of agriculture. 

§ 7415. Sec. 5. The state board of agriculture, shall, upon 
the receipt of the required fee and a satisfactory bond and 
certificate of inspection, issue a license to each applicant, 
whether a resident of this state, or of another state, province, 
or country, permitting the sale of nursery stock by the holder, 
or by his accredited agents, for the period ending the thirty- 
lirsl of July following the date upon which said license goes 
into effect. 

§ 7I1G. Sec. 6. It shall he the duty of the state inspector 
of orchards and nurseries to examine all nurseries in the 
state, at least once each year, for the presence of San -lose 
scale and other dangerously injurious insects and diseases. If 
found to he apparently free from such dangerous insects and 
diseases, a certificate to that effect shall ho given the owner, 
upon the payment of an inspection fee sufficient to defray the 
per diem of the inspector. Said certificate shall he void on 
the thirty-tirst day of duly following. In case any dangerous 
insect or infectious disease is found upon any nursery stock, 
the inspector shall older and enforce such treatment as may 
he deemed sufficient to exterminate such insects or diseases 
before granting a certificate. If a subsequent examination 
shall show the stock to be infected, or infested, the certificate 
may he revoked. 

§ 7417. Sec. 7. Whenever a nurseryman or other person 
shall ship or deliver within this state, except for scientific pur- 
poses, any trees, shrubs, plants or vines, commonly known as 
nursery stock, he shall place upon each car, box, hale or other 
package, a copy of a certificate of inspection, the original of 
which is signed by said inspector. Failure to do this, or the 
illegal use of said certificate by changing, defacing, or placing 
it upon uninspected stock, or using the same after it has ex- 
pired, or been revoked, shall render the shipper or owner 
liable to the penalties prescribed for a violation of this act. 
Dealers in nursery stock purchased from other firms may, 
upon tiling with the state inspector of orchards and nurseries 
duplicate Copies of the certificates of inspection issued upon 
tlie stock grown by said firms, and on the payment of a fee of 
one dollar, receive a certificate showing that the stock has 
been inspected. Said certificate may he used for the shipment 
of nursery stock that lias come bo them accompanied by a 
certificate of inspection, hnt for no other. Nurserymen may 
ship under their own certificate of inspection any stock that 
has conn- to them later ihan the firsl day of the previous 
August accompanied by a certificate of inspection, and, if from 
another state, territory, province or country, by a certificate 
of fumigation as required by this act. 



Nurserymen 
to place copy 
of certificate 
on packages, 
etc 



When Liabl • 

to pen all;. 



How dealers 
may receive 
certificate for 

stock on r- 
ctaased 



When nursery 
men may ship 
under their 
own certifl- 



ORCHARDS AND VINEYARDS. 9 



§ 7418. Sec. 8. If any nursery stock of species subject to the when stock to 
attack of the San .lose 'scale, has been grown within one-half be fumigated - 
mile of where the San Jose scale exists, or has been known to 
exist within two years, it shall, before it is shipped or deliver- 
ed, be fumigated with hydrocyanic acid gas of the strength 
commonly used for such purpose, for not less than thirty min- 
utes. All trees, plants, shrubs and vines, of species subject 
to the attack of the San Jose scale, shipped into this state 
from another state, territory, province or country, must be 
fumigated with hydrocyanic acid gas in the usual manner, 
and each car, box or bale, in which said nursery stock is ship- 
ped, shall have upon it a certificate signed by the shipper certificate at- 
stating that such fumigation has been given in addition to the tached to box 

■, ,• n <••,• or car - what 

usual certificate ot inspection. to state. 

§ 7419. Sec. 9. The owner of any nursery trees, vines, Duty of owner 
shrubs or plants, upon receiving notice from the state in- ofnoticTtEai 
spector of orchards and nurseries, that any, or all of them, trees are in- 
are infected or infested with dangerous insects or diseases, 
shall, within the time specified in such notice, take such steps 
as will fully comply with the orders of the state inspector of 
orchards and nurseries and he shall not ship or deliver any 
such trees, vines, shrubs or plants, until after they have re- 
ceived such treatment, and until they have been re-examined 
and a certificate of inspection has been granted. 

§ 7420. Sec. 10. Whenever it shall happen that the state inspector to 
inspector of orchards and nurseries shall give the notice here- SaJS C and~ 
tofore required to the owner of nursery stock, for the destruc- seize stock. 
tion of the insects or diseases mentioned, and said owner shall 
fail or neglect to take the measures necessary for the destruc- 
tion thereof, within the time mentioned in the notice given 
him, the state inspector of orchards and nurseries shall enter 
complaint aginst said owner and may seize and take posses- 
sion of said infected or infested nursery stock. Such seizure How seized 
may be made without a warrant. Said infected or inf ested p'^ ( f S ~ 
nursery stock shall be disposed of in such manner as may be 
directed by the court before whom the offense is tried, or by 
any court of competent jurisdiction. 

§ 7421. Sec. 11. Whenever any trees, shrubs, plants or stock from 
vines, commonly known as nursery stock are shipped into this to^ave^abei 
state from another state, territory, province or country, every :^\\/ tl i ;'j itiia, ' J 
package thereof shall be plainly labeled on the outside with 
the names of the consignor and consignee, and the character 
of the contents, and certificates shall be attached to each pack- 
age showing that the contents have been inspected by a state 
and government officer, and that they have been fumigated 
in the usual manner with hydrocyanic acid gas. If any trees, Railway com- 
shrubs, vines or plants, commonly known as nursery stock, to report 
are shipped into this state without such certificates being violation - 
plainly fixed on the outside of the package, box or car contain- 
ing the same, the fact must be reported within twenty-four 
hours to the Michigan state board of agriculture, or its regu- 
larly appointed inspector, by the railway, express or steam- 



10 



LAWS FOR THE PROTECTION OF 



Misdei 
what di 



When In- 
spector may 
seize stock. 



Notice to 
sliippers. 
How stock 
ilisposed of. 



Investigation 
and notice. 



Order to 
uproot, etc. 



I'i >\ [so, 
spraying. 






boat company, <>r the person or persons carrying the same; 
and any agent <>f ;i railway, express or steamboat company, 
or any oilier person or persons, who sliall fail to comply with 
the provisions of this section, shall be deemed guilty of a mis- 
demeanor. The state inspector of orchards and nurseries 
sliall have authority, when he has reason to believe that nur- 
sery stock, that has been shipped into the state, or shipped 
by some nursery in the stale, is infested or infected with 
dangerous insects and diseases, to examine the same and, if 
found to be infected by any dangerously contagious disease, 
or infested with dangerous insects, such stock may be seized 
without a warrant as a public nuisance. The shippers shall 
be notified of the seizure, and orders shall be given him to 
either destroy the stock or to give it effectual treatment, [f 
this is not done within live days, complaint shall he made to 
some court having competent jurisdiction and said infected 
or infested stock shall be disposed of in such manner as may 
!><> directed by said court. 

§ 74i!l'. Sec. 12. It shall be the duty of the state inspector 
of orchards and nurseries, whenever it shall come to his 
knowledge that San Jose scale, canker worm, peach yellows, 
rosette, little peach, black knot, or pear blight, or any other 
noxious insects or dangerously infections diseases exist, or are 
supposed to exist, in any orchard, or upon any trees, shrubs, 
vines, plants or fruits in this state, to investigate the case 
and if such dangerous insects are found, he shall notify the 
owner, or his agent, in writing. The notice shall consist of a 
simple statement of the facts as found to exist, with an order 
to uproot and destroy in such manner as may be indicated, 
all trees infected with yellows, little peach, or rosette, or to 
cut off and burn the portions Infected with black knot and pear 
blight, or if attacked by San dose scale or canker worm, to 
effectually spray the trees, or to use such remedies as may lie 
prescribed lor other dangerous insects and diseases within 
live days, or such time from the dale of the service of the 
notice as may be designated: Provided also. That no such 
spraying shall be done while said fruit trees or vines are in 
blossom, except in cast 1 of canker Worm. In the case of fruit 
infected with yellows, the notice shall require its immediate 
destruction. Failure to comply with the requirements of said 
notice shall render the owner or agent liable lo the penalties 
prescribed for the violation of this act. The state inspector 
of orchards and nurseries is hereby authorized ami empower- 
ed to prohibit by proclamation the importation into this stale 
of any tree, shrub or plant which has been grown or propa- 
gated in any state, province or country, or in any place where 
it shall be determined by the said stale inspector of orchards 
and nurseries, after due investigation, that there exists and 
is prevalent to a dangerous extent any plant disease or de- 

siiuctive insect which is liable to. or capable of spreading to, 
and infecting the trees, shrubs and plants of this state, and 
which may be carried and transported to and into this state 



ORCHARDS AND VINEYARDS. 11 



on or in trees, shrubs or plants there grown. It shall be the Notice to 
duty of said inspector of orchards and nurseries upon thecSSpSies. 
making and promulgation by him of any such proclamation 
to forthwith mail a copy thereof to each railroad company 
doing business in this state, and to publish a copy thereof in Publication. 
a newspaper published in the city of Detroit, in the city of 
Grand Rapids, and in the city of Lansing, and any person, 
linn or corporation, or common carrier which thereafter 
knowingly or intentionally introduces or transports in this 
state any tree, shrub or plant grown or propagated in the 
territory described in such proclamation shall be guilty of a 
misdemeanor. In case any trees, shrubs or plants are brought May destroy 
into this state contrary to the provisions of this act, the state or return 
inspector of nurseries and orchards is hereby authorized to 
destroy the same, unless they can be effectually treated, or 
return the shipment to the consignor. In case the injury certain 
inflicted by said dangerous plant disease or destructive in- s P ecies - 
sect is confined to certain species of trees, shrubs and plants 
the quarantine imposed by said proclamation may be limited 
to the species of trees, shrubs and plants likely to be in- 
fested by such destructive insect, or infected by such danger- 
ous plant disease. 

Am. 1917, Act 1ST. 

§ 7423. Sec. 13. In any township, village or city in this Duty of town- 
state in which the insects known as the San Jose scale, and ^city age 
canker worm, or the diseases known as peach yellows, rosette, officers in 

infected dis- 

little peach, black knot and pear blight, or any other destruc- tricts. 

tive insects or dangerously infectious diseases exist, or in 

which there is good reason to believe they exist, or danger may 

be apprehended of their introduction, it shall be the duty of 

the township board, or the village, or city council, as soon as 

such information becomes known to such board or council, or 

any member thereof to appoint three competent freeholders of to appoint 

said township, village or city, to be known as fruit and ms P ectors - 

orchard inspectors, who shall hold office during the pleasure 

of said board or council : Provided, That inspectors already proviso. 

appointed and in office under similar and previous acts shall 

continue in said office under this act until the expiration of 

the term for which they were appointed. 

§ 7424. Sec. 14. It shall be the duty of said inspectors, inspectors. 
within ten days after appointment, as aforesaid, to file their du,y of 
acceptance of "the same with the clerk of said township, village 
or city, and said clerk shall be ex-officio clerk of said board of 
fruit and orchard inspectors, and he shall keep a record of cierk to keep 
the proceedings of said board in a book to be provided for ^tags* pr °~ 
the purpose and shall file and preserve all papers pertaining 
to the duties and actions of said inspectors, or either of them, 
which shall he a part of the records of said township, village 
or city. 

S 742."). Sec. L5. It shall be the duty of the township, whenin- 
village or city inspectors, or any one of them, whenever it i^e^rees. 6 *" 



12 



LAWS FOR THE PROTECTION OF 



comes to their notice that any of the dangerously injurious in- 
sects or diseases, mentioned in section thirteen of this act, 
exist, or are supposed to exist, within the limits of their town 
ship, village, or city, to proceed without delay to examine the 
trees, shrubs, vines, plants or fruits, supposed to be infested 
or infected, and, if destructive insects or a dangerously in- 
fectious disease is found to exist, a distinguishing mark shall 
be placed upon the trees, shrubs, vines or plants, and a written 
notice shall be served upon the owner, or his agent. This 
notice shall be as provided for in section twelve of this act. In 
case the owner refuses to accept the opinion of a single inspec- 
tor, regarding the nature of an insect or disease, or the remedy 
that shall be employed, he may, within two days, appeal to the 
other inspectors in the township, village or city, by serving a 
written notice of such appeal upon each of them. Upon re 
ceipt of such notice of appeal, it shall be the duty of each and 
every inspector, if he has not already done so. to examine the 
trees, shrubs, plants or vines, supposed to lie infested or in- 
fected, and if all or a majority of said inspectors agree thai 
a dangerous insect or disease is present, they shall serve no- 
tice upon the owner or his ageni as above. If the decision of 
the full hoard of inspectors is still unsatisfactory to the per- 
son in charge, he may, within twenty-four hours, make an ap- 
peal to the state inspector of orchards and nurseries, who 
shall at once investigate the matter and order the proper 
treatment, and his opinion and orders shall he final. If the 
members of a township, village or city hoard of fruit and 
tree inspectors are unable to agree, or are in doubt, regarding 
the nature of an insect or disease, or the treatment that should 
lie given, they may call upon the state inspector of orchards 
and nurseries for information and advice. In cases where an 
owner appeals lo the full hoard of' township, village or city 
inspectors, or to the state inspector, and the findings of the 
original inspector are approved, the expense incurred as the 
result of the appeal shall he paid by the owner, and, in case 
Of his refusal to do so, the amount shall he certified to the 
township hoard, or village or city council, which shall allow 
the same and assess it as a special tax upon the property. 



Mark 

on ii fi 



■ a 1 1 ■ - r 
may appeal 

from opinion 
of Insp 



Duty of in- 
- upon 



When owner 

may a] 

in- 



Inspectors 
■ btain 
advice from 
-late In- 
spector. 



When i 
to pay ex- 
pense of 
appeal. 



irdera of 

tors 
flect- 
lve. 






>j 7426. Sec. Hi. In case the owner, or the person in chargt 
of trees, shrubs, vines, or plants, infested with a destructive 
insect, or a dangerously contagious disease, refuses or neg- 
lects to carry ont the orders of the state inspector, or of the 
township, village, and city inspectors, within the period stated 
in the notice served upon him. the stale, township, village, or 
city inspectors, respectively, shall employ such aid as may be 
necessary to carry ou1 their orders and recommendations. In 

case the owner refuses to reimburse them for the expense in- 
clined, it shall he certified to the township hoard, or village, 
or city council, who shall allow it, and spread it as a special 
tax upon the property concerned. 



ORCHARDS AND VINEYARDS. 13 

§ 7427. Sec. 17. The state inspector of orchards and nur- state in- 
series and his deputies, assistants and employes, shall have may enter any 
authority to enter upon any premises in the state for the pur- P remises - 
pose of examining the trees, shrubs, plants and vines, for the 
presence of destructive insects and diseases, and, if any such 
insects or diseases are found, may, under the provisions of 
this act, take such steps as may he necessary to exterminate 
them. Township, village and city inspectors shall have the Authority of 
same authority within the limits of their respective jurisdic- injectors. 6 C 
tion. No damage shall he awarded for the destruction of any No damage 
tree, shrub, plant or fruit, or for injury to the same, if done destruction of 
by the inspectors and their assistants in accordance with the trees - 
provisions of this act : Provided, It is deemed necessary in Proviso, 
order to suppress dangerous insects and diseases. 

§ 7428. Sec. IS. The township, village and city fruit and inspectors, 
tree inspectors shall be allowed for services under this act sa 
three dollars for each full day and one dollar fifty cents for 
each half day, and their per diem and other charges and dis- 
bursements hereunder shall be audited by the township board 
or village or city council. 

§ 742!). Sec. 1!). Persons, firms or corporations engaged who not fe- 

. ° . ,,. , , . , quired to take 

in growing or selling plants commonly grown m greenhouses license, 
shall not be required to take out a license: Provided, They Proviso. 
do not grow or handle nursery stock, and certificates of in- 
spection are not required under this act for the shipment of 
greenhouse plants. 

§ 7430. Sec. 20. Any person or persons, firm or corpora- Penalty. 
tion, who may fail to comply with any of the provisions of 
this act, shall be deemed guilty of a misdemeanor and shall 
be punished by a fine of not less than ten dollars and not 
exceeding one hundred dollars, or by imprisonment in the 
county jail for not less than ten nor more than ninety days 
or both such fine and imprisonment, in the discretion of the 
court, and jurisdiction is hereby conferred in these cases 
upon any justice *of the peace, or other competent court, 
of the township, village, or city, where such trees, shrubs 
or plants may be, or where such nursery stock or fruit is 
grown, sold, shipped, disposed of, or delivered, contrary to 
the. provisions of this act. In all cases where a complaint is 
made under the provisions of any section of this act, by any 
State, township, village or city 'inspector, said complainant 
shall not be required to furnish security for costs. In con- 
struing and enforcing the provisions of this act, the act, 
omission or failure of any official, agent or other person act- 
ing for or employed by an association, partnership or cor- 
poration within the scope of his employment or office shall, 
in every case, also be deemed the act, omission or failure of 
such association, partnership or corporation, as well as that 
of the person. 

Am. 1917, Act 187. 



14 



LAWS FOR THE PROTECTION OF 



State in- 

ira may 

obtain sup- 
plies, i 

Bills, how 
audited. 



Proviso. 



§ 7431. Sec. 21. The slate inspector of orchards and nur- 
series shall have authority to employ snch aid and obtain 
such apparatus and supplies as may be Deeded for the proper 

performance Of his duties, and the hills for the same, and for 
the per diem and traveling and other necessary expenses of 
the stale inspector, his deputies and assistants, shall he 

audited by the state board of agriculture, and the auditor 
genera] shall draw his warrant for the payment of the same 
from the general fund of the state : ' Provided, Tha t all moneys 
collected by the stale board of agriculture, under this act shall. 
be paid into the state treasury. 

22 repeals Arts 108 and 109 of 1895, Acl 137 of 1897, Act 144 of 1899, 
Ac) 206 "i 1903 and other ads or parts of acts that contravene the provisions 
of this act. Mi was evidently the intenl to repeal Act 100 of lS'J'J, rather than 
Act 144.) 



An Act for preventing the manufacture, sale or transportation of 
adulterated or misbranded Paris greens, lead arsenates, and other 
insecticides, and also fungicides, and for regulating traffic therein. 



Adulteration 

unlawful. 



Penalty. 



Uniform 



nation 



[Ad 2r,4. P. A. 1913.] 

The People of the State of Michigan enact: 

§ 15591. Section 1. It shall he unlawful for any person 
to* manufacture, sell, offer or expose for sale within the state 
of Michigan any insecticide, Paris green, lead arsenate, or 
fungicide which is adulterated or misbranded within the 
meaning of this ad ; and any person who shall violate any of 
the provisions of this act shall be guilty of a misdemeanor 
and upon conviction thereof shall he lined not to exceed two 
hundred dollars for the first offense, and upon conviction for 
each subsequent offense shall be fined not jo exceed three hun- 
dred dollars, or sentenced to imprisonment in the county jail 
for a period not exceeding ninety days, or hoth in the dis- 
crel ion of the court. 

§ L5592. Sec. 2. The state hoard of agriculture shall 
make uniform rides and regulations for carrying out the pro 
visions of this act, including the collection and examinations 
Of specimens of insecticides. Paris green, lead arsenates, and 
fungicides manufactured or offered for sale in the state of 
Michigan. 

§ L5593. Sec. '■'>. The examination of specimens of insec- 
ticides, Paris greens, lead arsenates, and fungicides shall be 
made at the agricultural college by snch existing departments 
as m:i\ be directed by the state board of agriculture for the 
purpose of determining from snch examination whether such 
articles are adulterated or misbranded within the meaning of 

this act; and if it shall appear from any such examination 
thai any of snch specimens are adulterated or misbranded 
within the meaning of this act, the state hoard of agriculture 



ORCHARDS AND VINEYARDS. 15 

shall cause notice thereof to be given to the party from whom 
such sample was obtained. Any party so notified shall be Hearing, 
given an opportunity to be heard, under such rules and regu- 
lations as may be prescribed as aforesaid, and if it appears 
that any of the provisions of this act have been violated by 
such party, then the state board of agriculture shall at once 
certify the facts to the attorney general, or prosecuting offi- 
cer of the county in which the offense is committed, with a 
copy of the results of the analysis or the examination of such 
article duly authenticated by the analyst or officer making 
such examination under the oath of such officer. After judg- 
ment of the court, notice shall be given by publication in such 
manner as may be prescribed by the rules and regulations 
aforesaid. 

§ 15591. Sec. 4. It shall be the duty of the attorney gen- Prosecutions. 
eral or other prosecuting officer to whom the state board of 
agriculture shall report any violation of this act, to cause 
appropriate proceedings to be commenced and prosecuted in 
the proper courts of the state of Michigan without delay, for 
the enforcement of the penalties a's in such case herein pro- 
vided. 

§ 15505. Sec. 5. The term ''insecticide" as used in this Terms 
act shall include any substance or mixture of substances in- • 
tended to be used for preventing, destroying, repelling or mit- 
igating any insects which may infest vegetation, man or an- 
imals, or households, or be present in any environment what- 
soever. The term "Paris green" as used in this act shall 
include the product sold in commerce as Paris green and 
chemically known as the aceto-arsenite of copper. The term 
"lead arsenate" as used in this act shall include the product 
or products sold in commerce as lead arsenate and consisting 
chemically of products derived from arsenic acid (H 3 As0 4 ) 
by replacing one or more hydrogen atoms by lead. The term 
"fungicide" as used in this act shall include any substance 
oi* mixture of substances intended to be used for preventing, 
destroying, repelling, or mitigating any and all fungi that 
may infest vegetation or be present in any environment what- 
soever. 

§ 1559G. Sec. 1 For the purpose of this act an article Adulterated 
shall be deemed to be adulterated, in case of Paris green : define!"* 1 

First, If it does not contain at least fifty percentum of 
arsenious oxide; 

Second, If it contains arsenic in water-soluble forms equiv- t 

alent to more than three and one-half percentum of arsenious 
oxide; 

Third, If any substance has been mixed and packed with 
it so to reduce or lower or injuriously affect its quality or 
strength. 

In the case of lead arsenate: 

First, If it contains more than fifty percentum of water ; 

Second, If it contains total arsenic equivalent to less than 
twelve and one-half percentum arsenic oxide (As 2 5 ) ; 



16 



LAW'S FOR THE PROTECTION OF 



Proviso. 



icides, 

01 tier 

than Paris 
green. 



Fatso I 

Ing, defined. 



Third, If it contains arsenic in water-soluble forms equiva- 
lent to more than seventy-five one-hundredths percentum of 
arsenic oxide i As .< ) i ; 

Fourth, [f any substances have been mixed and packed with 
it so ;is to reduce, lower, of injuriously affect it s quality or 
strength: Provided, however, Thai extra water may be added 
to lead arsenate (as described in this paragraph) if the re- 
sulting mixture is labeled lead arsenate and water, the per- 
centage of extra water being plainly and correctly stated on 
the label. 

In the case of insecticides or fungicides, other than Palis 
green and lead arsenate: 

First, If its strength or purity fall below the professed 
standard or quality under which it is sold; 

Second, If any substance has been substituted wholly or in 
part tor the article : 

Third, It any valuable constituent of the article has been 
wholly # or in part abstracted : 

Fourth, If it is intended for use on vegetation and shall 
contain any substance or substances which, although prevent- 
ing, destroying, repelling, or mitigating insects, shall be in- 
jurious to such vegetation when used as recommended by the 
manufacturer. 

$ L5597. Sec. 7. The term "misbranded" as used herein 
shall apply to all insecticides, Paris green, lead arsenates, or 
fungicides or articles which enter into the composition of in- 
secticides or fungicides, the package or label of which shall 
bear any statement, design, or device regarding such ar- 
ticle or the ingredients or substances contained therein which 
shall be false or misleading in any particular, and to all in- 
secticides, Talis green, lead arsenates, or fungicides which 
are falsely branded as to the state, territory, or country in 
which they are manufactured. For the purpose of this act an 
article shall be deemed to be misbranded, in the case of in- 
sect icides, Paris greens, lead arsenates and fungicides: 

First, If it lie an imitation or offered for sale under the 
name of another article; 

Second, If it is labeled or branded so as to deceive or mis- 

lead the purchaser, or if the contents of the packages as orig- 
inally pnt tip shall be removed in whole or in part and other 
contents shall have been placed in such packages; 

Third, If in package form, and the contents are stated in 
terms of weight and measure, they are not plainly and cor- 
rect l\ stated on the outside of the package; in this connection 
it is held to be permissible to state the average net weigb.1 
of the package. 

In the case id' insecticides (other than Paris green ami lead 
arsenates) and fungicides: 

First, M ii contains arsenic in any of its combinations or 
in the elemental form and the total amount of arsenic prea- 

ciit (expressed as percentum or metallic arsenicl is not -tat 
eil oil the label ; 



ORCHARDS AND VINEYARDS. 17 

Second, If it contains arsenic in any of its combinations or 
in the elemental form and the amount of arsenic in water- 
soluble forms (expressed as percentum or metallic arsenic) 
is not stated on the label ; 

Third, If it does not state plainly upon the label the cor- 
rect names and percentage amounts of each and every ingre- 
dient of the insecticide or fungicide having insect icidal or 
fungicidal properties and the total percentage of inert ingre- 
dients present. 

§ 15598. Sec. 8. No dealer shall be prosecuted under the Guaranty. 
provisions of this act when he can establish a guaranty signed 
by the wholesaler, jobber, manufacturer, or other party re- 
siding in the state of Michigan from whom he purchased such 
articles, to the effect that the same is not adulterated or mis- 
branded within tiie meaning of this act, designating it. Said 
guaranty, to afford protection, shall contain the name and 
address of the party or parties making the sale of such ar- 
ticles to such dealer, and in such case, said party or parties 
shall be amenable to the prosecutions, tines, and other pen- 
alties which would attach in due course to the dealer under 
this act. 

§ 15599. Sec. 9. The word "person" as used in this act, d ^ fi e ™ d n '' 
shall be construed to import both the plural and the singular, 
as the case demands, and shall include corporations, com- 
panies, societies, and associations. When construing and en- 
forcing the provisions of this act, the act, omission, or failure 
of any officer, agent or other person acting for or employed 
by any corporation, company, society or association, within 
the scope of his employment or office shall in every case be also 
deemed to be the act, omission, or failure of such corporation, 
company, society, or association as well as that of the other 
person. 

§ 15000. Sec. 10. The necessary expense incurred in Expense, 
carrying out the provisions of this act, shall be paid by war- lK 
rant of the auditor general drawn upon the state treasurer. 
Such expenses shall be certified to the auditor general by the 
state board of agriculture, but the total amount to be paid in 
any one fiscal year shall not exceed five hundred dollars. 

Soc 11 repeals acts 91 and 163 of 1909 and all conflicting acts or parts 

of acts. 



An Act to prevent trespass upon cranberry marshes. 
[Act 38, S. L. 1869.] 

The People of the Slate of Michigan enact: 
5 15409. Section 1. That if any person shall enter the Penalties for 

• ,. ,, -i j *i i trespass. 

premises of any other person, and take and cany away cran- 
berries or cranberry vines there growing, shall trample or 



18 



LAWS FOR THE PROTECTION OF 



otherwise injure or destroy the cranberry vines growing there- 
on, without the permission of the owner or occupant of s.i i<l 
premises, such person shall be deemed guilty of ;i misde- 
meanor, and <>n conviction thereof, shall be punished by 

imprisonment in the county jail not less than five days, or by 
tine noi less than five dollars, and costs of prosecution, or both 
such fine and imprisonment, in the discretion of the court; 
and if any of the offenses mentioned in this section shall he 
committed on the first day of the week, or in disguise, or 
secretly in the night-time, between sun-setting and sun-rising, 
on conviction thereof the punishment shall not be less than 
twenty dollars fine, or imprisonment in the county jail not 
less than ten days, or both, at discretion of the court. 

§ 15410; Sec. 2. Any person who shall commit any of the 
acts of trespass in section one of this act, shall be liable in 
treble damages, in an action of trespass to be brought in the 
name of the owner or occupant of the land upon which said 
trespass may have beeu committed. 



Further 

penalties. 



Treble 
damages. 



An Act to prevent trespass upon huckleberry and blackberry marshes 
and to provide a penalty therefor, and to provide for the collection 
of damages growing out of such trespass. 

[Act 261, P. A. 1900.1 



Trespassing, 

what d 



Proviso, 



Penalty. 



When 
in treble 
dama 



The People of the State of Michigan enact: 

§ ir>412. Section 1. If any person shall enter the enclos- 
ed premises of another person and take and carry away from 
any huckleberry marsh or lands growing blackberries, huckle- 
berries or blackberries there growing, or shall trample, break 
down or otherwise destroy the huckleberry or blackberry 
bushes growing thereon, without the permission of the owner 
or occupant of such premises: Provided, That such owner 
or occupant shall have previously posted a conspicuous notice 
in at least three different places upon the premises forbidding 
any trespass thereon, such person shall be deemed guilty of a 
misdemeanor, and on conviction thereof, shall be punished by 
imprisonment in the county jail not less than five days nor 
more than fifteen days, or by a line of not less than five dol- 
lars nor more than Iwenty live dollars and the costs of pros- 
ecution, or both such fine and imprisonment in the discretion 
of the court. 

L5412a. Sec. 2. Any person who shall commit any of 
the acts of trespass mentioned in section one of this act, shall 
he liable in treble damages in an action of trespass to be 

brought in the name of the owner or occupant of the land 

upon which said trespass may have been committed. 



ORCHARDS AND VINEYARDS. 10 



An Act to protect vineyards, orchards and gardens, and to repeal 
act number one hundred thirty-one, public acts of eighteen hun- 
dred sixty-nine, entitled "An act to protect vineyards in the state 
of Michigan," being section nine thousand one hundred and ninety- 
five of Howell's Annotated Statutes. 

I Act 79, P. A. 1895.] 

The People of flic Stale of Michigan enact: 

§ 15413. Section 1. That any person who shall enter a Penalty for 
vineyard, orchard or garden, without the consent of the owner, vineyard, 
and pick, take, carry away, destroy or injure any of the °**| n d or 
fruits, vegetables or crops therein, or in anywise injure or de- 
stroy any bush, tree, vine or plant, shall be guilty of a misde- 
meanor, and on conviction thereof shall be punished by im- 
prisonment in the county jail not more than three months, or 
by tine not less than one nor more than one hundred dollars, 
or by both such fine and imprisonment, in the discretion of 
the court. 

Sec. -2 repeals Act 131 of 1S69. 



or shade trees. 



An Act to prevent the wilful and malicious destruction of fruit, 
shade or ornamental trees. 

[Act 52, S. L. 1853.] 

The People of the State of Michigan enact: 
§ 15115. Section 1. That every person who shall wilfully Wi '! u ! ami 

Til Jill cious III- 

and maliciously, or wantonly and without cause, cut down or jury to. fruit 
destroy or otherwise injure any fruit tree or trees, or any 
other tree or trees, not his own, standing or growing for shade 
or ornament on the land of another, the damage for which 
said cutting down, destruction or injury to the owner or own- 
ers of said tree or trees shall amount to the sum of twenty- 
five dollars, shall be punished by imprisonment in the state 
prison not exceeding five years, or by imprisonment in the 
county jail not exceeding one year, or by fine not exceeding 
five hundred dollars, in the discretion of the court. 



An Act to prevent the wrongful taking, detaching from the ground, 
or injuring any fruit tree, shade tree, ornamental shrub, plant, 
vine or vegetable. 

[Act 174, S. L. 1855.] 

The People of the State of Michigan enact: 
§ 15410. Section 1. That any person who shall wrong- Wrongful 

. n . , , i.i e 'j. j _ taking of fruit 

fully take and cany away from any place, any fruit tree, treesTetc, how 
ornamental tree, shade tree, ornamental shrub, or any plant, i ,u " 1 ^" 1 - 



20 



LAWS FOR THK I'UOTKCTION OF 



Proviso. 



vine, bush, or vegetable there growing, standing, or being, 
with intent to deprive the owner thereof, or who shall without 
righl and with wrongful intent, detach from the ground, or 

injure any fruit tree, ornamental tree, shade tree, ornamental 
shrnl). or any plant, vine. bush, or vegetable, shall be guilty 
of a misdemeanor, and on conviction thereof be punished by 
imprisonment in the county jail not more than six months, 
or by line not exceeding two hundred and fifty dollars, or by 
both such line and imprisonment, ill the discretion of the 
court: Provided, That when the damage to the owner does 
not exceed the sum of twenty-five dollars, the punishment 
shall be a line not exceeding one hundred dollars, or imprison- 
ment in the said jail not exceeding three months, or by hoth 
such fine and imprisonment, in the discretion of the court 



Felony, who 
guilty of. 



Penalty. 



An Act to protect the growers and owners of certain medicinal 
plants and herbs, and to provide a penalty for the violation of the 
provisions thereof, (a) 

I Act 74. 1'. A. 1905.] 

The People of lite Slate of Michigan enact: 

§ 15411. Section 1. Any person, who shall without the 
permission of the owner enter tin 1 field, yard, building, garden 
or other enclosure of another, and wilfully break down, dig, 
destroy, take or carry away any ginseng or ginseng seed, 
golden seal plants, golden seal roots, golden seal seeds or any 
other medicinal plants, seeds or roots, there stored, growing, 
drying or being, shall he guilty of a felony, and upon convic- 
tion thereof shall he punished I»y imprisonment not exceeding 
six mon Ihs, or by line not exceeding live hundred dollars. 

Am. l'.HT. Art 360. 



" < Hosed 

' how 
led. 



An Act to prevent fraud and deception in the sale of Michigan grown 
fresh fruits and vegetables, and to provide penalties for violations 
of this act. 

I A, I -JOT. 1'. A. 11113.] 

'I'ln People of the sinte of Michigan enact: 

$ L5365. Section 1. In this act, unless the contents other- 
wise requires, the term "closed package" shall be construed to 
mean a barrel, box, basket, currier or crate, of which all the 
contents cannot readily be seen or inspected when such pack- 

age is prepared for market. Fresh fruits or vegetables in 
baskets or boxes, packed in closed or open crates, and pack- 
to ) Title urn. r.'ii. Art 860. 



ORCHARDS AND VINEYARDS. 21 



ages covered with burlap, tarlatan or slat covers shall come 
within the meaning of the term "closed package." None of the 
provisions of this act shall apply to other than Michigan 
grown fruits aud vegetables. 

§ 15366. Sec. 2. Every person who, by himself or by his How marked. 
agent or employe, packs or repacks fresh fruits or vegetables 
in closed packages intended for sale in the open market, shall 
cause the same to be marked in a plain and indelible manner, 
as follows: 

First, with his full name and address, including the name 
of the state where such fresh fruits and vegetables are packed, 
before such fresh fruits or vegetables are removed from the 
premises of the packer or dealer; 

Second, The name and address of such packer or dealer 
shall be printed or stamped on said closed packages in letters 
not less than one-quarter inch in height. 

§ 15367. Sec. 3. No person shall sell or offer, expose or sale, etc., 
have in his possession for sale, in the open market, any fresh f^ en ulUaw " 
fruits or vegetables packed in a closed package and intended 
for sale, unless such package is marked as is required by this 
act. 

§ 15368. Sec. 4. No person shall sell or offer, expose or when marked 

" f tincv etc 

have in his possession for sale, any fresh fruits or vegetables 
packed in a closed. or open package, upon which package is 
marked any designation which represents such fruit as ''No. 
1," "Finest," "Best," "Extra Good," "Fancy," "Selected," 
"Prime," "Standard," or other superior grade or quality, un- 
less such fruit or vegetables consist of well grown specimens, 
sound, of nearly uniform size, normal shape, good color, for 
the variety, and not less than ninety per cent free from in- 
jurious or disfiguring bruises, diseases, insect injuries or 
other defects, natural deterioration and decay in transit or 
storage excepted. 

§ 15369. Sec. 5. No person shall sell or offer, expose or False represen- 
have in his possession for sale, any fresh fruits or vegetables tatlon - 
packed in any package in which the faced or shown surface 
gives a false representation of the contents of such package, 
and it shall be considered a false representation when more 
than twenty per cent of such fresh fruits or vegetables are 
substantially smaller in size than or inferior in grade to, or 
different in variety from, the faced or shown surface of such 
package, natural deterioration and decay in transit or storage 
excepted. 

§ 15370. Sec. 6. Every person who, by himself, his agent Mtedemeanor, 
or employe, knowingly violates any of the provisions of this p< 
act shall,' for each such offense, be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be punished by a 
fine not exceeding ten dollars, or by imprisonment in the 
county jail for a period not exceeding thirty days, or by both 
such fine and imprisonment in the discretion of the court. 

Intent to sell fruit, or to offer for sale, or to possess the same, in packages 
that show hotter quality on the surface than the remainder oi the package 
contains, in violation of the prohibition of this net (207 of 1913), is an es- 



LAWS FOR II II-: PROTECTION OF 



si'ini.il ingredient of the statutory offense, and a complaint that failed i" - 
-knowledge or intent was Insufficient to sustain u conviction. — People v. I 
righi, 192 165. 



An Act to fix standards for apples, grown in this state when packed 
in closed packages, and to regulate the packing and sale of such 
apples. 

[Act 75, P. a. 1917.] 

The People of the State, of Michigan enact: 

ippies, Section 1. The standard grades for apples grown in this 

grades state when packed in closed packages shall be as follows: 

First, "Michigan Standard Fancy" shall consist of hand- 
picked, properly packed apples of one variety, which are well- 
grown specimens, normal in shape, uniform in size, of good 
color for the variety, and which are free from dirt, insect 
injury, fungus disease, bruises and other defects, except such 
as are necessarily caused in the operation of packing. "Fili- 
form size" shall he construed to mean that apples contained 
in any one package shall not vary in size more than one-half 
inch in diameter; 

Second. "Michigan Standard A" shall consist of hand-pick- 
ed, properly packed apples of one variety, which are well- 
grown specimens, normal in shape, of not less than fifty per 
centum of good color for the variety, and which are practically 
free from dirt, insect injury, fungus disease, bruises and 
other defects, except such as are necessarily caused in the 
operation of packing; 

Third, "Michigan Standard B" shall consist of hand-picked, 
properly packed apples of one variety, which are well grown, 
and practically free from insect injury and fungus disease: 
Provided, That the apples having healed-over insect punctures, 
small scab or blotch infections, fruit spots, or other defects 
which, taken singly or collectively, do not materially deform 
or discolor the fruit or injure its keeping quality, shall he 
admil led to this grade; 

Fourth, "Michigan Unclassified" shall consist of apples 
which do not conform to the foregoing specifications of grade, 
or which though conforming, are not branded in accordance 
therewith. 

Sec. 2. hi the interpretation of this act a tolerance of six 
per centum below the standard shall be allowed in the Stand- 
ard Fancy grade, ten per centum in the Standard A grade, 
:hmI fifteen per centum in the Standard B grade. Such tol- 
erances shall apply to size, color and other grade specifications 

and shall he computed by counting or weighing the specimens 

which are judged to be below the standard for the grade in 
any respect, and those which are found to be smaller than 
the minimum size, marked on the packaj 



ORCHARDS AND VINEYARDS. 23 



Sec. 3. In all of tbe grades specified in this act, the apples uniformity. 
included in the face or shown surface shall fairly represent 
the size and quality of the apples in the package. 

Sec. 4. Every closed package containing apples grown in Labeling. 
the state of Michigan which is sold, offered or consigned for 
sale, packed for sale, or shipped for sale, shall bear upon the 
outside of one end in plain letters or figures, or both, the 
name and address of the person by whose authority the apples 
were packed, the true name of the variety, the grade of the' 
apples therein contained when packed or repacked, and the 
minimum size or the numerical count of the fruit in the pack- 
age. If the true name of the variety is not known to the 
packer or the person by whose authority the apples are pack- 
ed or branded, then such varieties shall be designated as 
"unknown." Every package of apples which is repacked shall when ked 
also bear upon the same end of the package the name and ad- 
dress of the person by whose authority it is repacked, such 
name and address to be preceded by the words "repacked by." 
The letters and figures used in marking or branding closed 
packages of apples under the provisions of this act shall be 
of a size not less than twenty-four point Gothic : Provided, Proviso. 
That closed packages containing apples which cannot be 
readily marked on one end, so as to bear conspicuously the 
information herein specified shall be marked or branded in 
such other conspicuous place as may be prescribed by the 
regulations promulgated hereunder. 

Sec. 5. The marks and brands prescribed in this act may Brands, etc. 
be accompanied by any additional marks or brands which are 
not inconsistent with or do not in any way obscure tbe marks 
and brands recpiired by this act. Apples packed and branded 
in accordance with the United States apple grading law, ap- 
proved August third, nineteen hundred twelve, shall be ex- 
empt from the provisions of this act. 

Sec. 6. The minimum size of the fruit in all grades shall Minimum 
be determined by taking the transverse diameter of the small- determined. 
est fruit in the package. Minimum sizes shall be stated in 
variations of one-quarter of an inch, as two inches, two 
and one-quarter inches, two and one-half inches, two and 
three-quarter inches, three inches, three and one-quarter 
inches, and so on, in accordance with facts. Minimum sizes 
may be designated by either figures or words and the word 
"minimum" may be designated by the use of the abbrevia- 
tion "min." 

Sec. 7. It shall be unlawful for any person to pack for Misbranding, 
sale, ship for sale, offer or consign for sale, or sell, in closed etc - un aw u 
packages, any apples grown in this state which are not grad- 
' ed, packed and marked or branded in accordance with the pro- 
visions of this act and the regulations made hereunder, or 
closed packages of apples bearing any false statement, design. 
or device regarding such apples within the meaning of this 
act. 



24 LAWS FOR THE PROTECTION OF 

Penalty. Sec. 8. Any person who violates any of the provisions of 

lliis act, or of the regulations promulgated hereunder, shall 
be deemed guilty of ;i misdemeanor and upon conviction there 
of, shall be punished by a fine of not move than fifty dollars 
for the first offense and not more than one hundred dollars 
nn.viso. for each subsequent offense: Provided, That no person shall 

be prosecuted under this acl who can establish satisfactory 
evidence thai no part of the packing or branding of the apples 
concerned was done by him or under his authority and thai 
he had no knowledge thai they were not packed and branded 
in accordance with said provisions and said regulations. 
Words.con- Sec. !>. The word "person" as used herein shall be con- 

struction of. stiiied to include individuals, corporations, partnerships, and 
associations. The act, omission or failure of any official or 
employe of any person, when such official or employe is act- 
ing within the scope of his employment or office, shall, in 
every case, he deemed also the act, omission or failure of the 
person, as well as of the official or employe. The words 
"closed package" shall mean a box, barrel, basket, or other 
package, the contents of which cannot be inspected when such 
package is closed. 
Commissioner Sec. 10. Tt shall he the duty of the dairy and food com- 
act 6 missioner to diligently enforce the provisions of this act and 

his officers, ' employes and agents are authorized to enter 
upon the premises of any person within this slate for the 
purpose of inspecting packages of apples and securing; evi- 
dence of violation of this act, and the said dairy and food 
commissioner is hereby authorized and empowered to make, 
promulgate and enforce such regulations as may he necessary 
for interpreting the grade specifications prescribed in this 
Proviso. act, and for otherwise enforcing its provisions: Provided, 

however, That any grades or classes of apples packed in closed 
packages, or any requirements for making closed packages 
containing apples, mandatory as applying to interstate com- 
merce, which may hereafter be established by the authority 
of the congress of the United States, shall forthwith, as far 
as applicable, be established and promulgated by the dairy 
and food commissioner as official grades, classes and marks 
Cor apples packed in closed packages in the stale of Mich- 
igan. 

Sec 11 repeals all acts .-11111 parts of acts in conflict with this act. 



An Act to fix the standard barrel for fruits, vegetables, and other 
dry commodities. 

[Acl 88, l'. A. 1917.] 

'/'//< People of the State of. Michigan enact: 

Dimensions. Section 1. The standard barrel for fruits, vegetables, and 
other dry commodities other than cranberries shall be «»i the 



ORCHARDS AND VINEYARDS. 25 

following dimensions when measured without distention of its 
parts: length of staves, twenty-eight and one-half inches; di- 
ameter of heads, seventeen and one-eighth inches; distance 
between heads, twenty-six inches; circumference of bulge, 
sixty -four inches, outside measurement; and the thickness of 
staves not greater than four-tenths of an inch : Provided, Proviso, dif- 
That any barrel of a different form having a capacity of seven ferem forms 
thousand fifty -six cubic inches shall be a standard barrel. The cranberries. 
standard barrel for cranberries shall be of the following di- 
mensions when measured without distension of its parts: • 
length of staves, twenty-eight and one-half inches; diameter 
of heads, sixteen and one-fourth inches; distance between 
heads, twenty-five and one-fourth inches; circumference of 
bulge, fifty-eight and one-half inches, outside measurement; 
and the thickness of staves not greater than four-tenths of 
an inch. 

Sec. 2. It shall be unlawful to sell, offer, or expose for unlawful to 
sale in this state, or to ship from this state, to any other state, barrefof less 
territory, or the District of Columbia or to a foreign country, capacity. 
a barrel containing fruits or vegetables or any other dry 
commodity of less capacity than the standard barrels defined 
in the first section of this act, or subdivisions thereof known 
as the third, half, and three-quarter barrel, and any person 
guilty of a wilful violation of any of the provisions of this 
art shall be deemed guilty of a misdemeanor and be liable to a 
fine not to exceed one hundred dollars, in any court of this 
state having jurisdiction : Provided, however, That no barrel Proviso, 
shall be deemed below standard within the meaning of this ^mries. 
act when shipped to any foreign country and constructed ac- 
cording to the specifications or directions of the foreign pur- 
chaser if not constructed in conflict .with the laws of the for- 
eign country to which the same is intended to be shipped. 

Sec. 3. Reasonable variations shall be permitted and tol- variations. 
erance established by rules and regulations made by the di- 
rector of the bureau of standards and approved by the 
secretary of commerce. Prosecutions for offenses under this 
act may be begun upon complaint of local sealers of weights 
and measures or other officer of the state appointed to enforce 
the laws of the said state, relating to weights and measures: 
Provided, however, That nothing in this act shall apply to Proviso, 
barrels used in packing or shipping commodities sold exclu- 
sively by weight or numerical count. 

Sec. -i. This act shall be in force and effect from and after Date of 
the first day of September, nineteen hundred seventeen. effect- ' 

Sec. 5. An act entitled "An act to regulate the size of dry Repealing 
or packing barrels for fruits, roots and vegetables," being sec- chl " s '' 
tion six thousand two hundred fifty-four of the compiled laws 
of nineteen hundred fifteen, be and the same is hereby re- 
pealed. 



26 



LAWS FOR THE PROTECTION OF 



An Act to fix standards for climax baskets for grapes and other 
fruits and vegetables, and to fix standards for baskets and other 
containers for small fruits, berries, and vegetables, and to punish 
violations of the same. 

[Act 74, P. A. 1917.] 



Standard 

climax 

baskets. 



Small fruit 



Penalty for 
violation 



The People of the stale of Michigan enact: 

Section 1. That standards for climax baskets for grapes 
and other fruits and vegetables shall be the two-quarl basket. 
four-quart basket, and twelve-quart basket, respectively. 

(a) The standard two-quart climax basket shall be of the 
following dimensions : length of bottom piece, nine and one- 
half inches; width of bottom piece, three and one-half inches; 
thickness of bottom piece, three-eights of an inch; height of 
basket, three and seven-eighths inches, outside measurement; 
top of basket, length eleven inches and width five inches, out- 
side measurement. Basket to have a cover five by eleven 
inches, when a cover is used ; 

(b) The standard four-quart climax basket shall be of the 
following dimensions: length of bottom piece, twelve inches; 
width of bottom piece, four and one-half inches; thickness of 
bottom piece, three eighths of an inch; height of basket, four 
and eleven-sixteenths inches, outside measurement; top of 
basket. Length fourteen inches, width six and one-fourth 
inches, outside measurement. Basket to have cover six and 
one-fourth inches by fourteen inches, when cover is used; 

(c) The standard twelve-quart climax basket shall be of 
the following dimensions: length of bottom piece, sixteen 
inches; width of bottom piece, six and one-half inches; thick- 
ness of bottom piece, seven-sixteenths of an inch; height of 
basket, seven and one-sixteenth inches, outside measurement; 
top of basket, length nineteen inches, width nine inches, out- 
side measurement. Basket to have cover nine inches by nine- 
teen inches, when cover is used. 

Sec. 2. That the standard basket or other container for 
small fruits, beriies, and vegetables shall be of the following 
capacities: namely. <\vy one-half pint, dry pint, dry quart, 01 
multiples of the dry quart. 

(a) The dry half pint shall contain sixteen and eight- 
tenths cubic inches ; 

(b) The dry pint shall contain thirty-three and six-tenths 
cubic inches; 

(c) The dry quart shall contain sixty -seven and two-ieuths 
cubic inches. 

Sec :;. Thai it shall be unlawful to manufacture for ship 

mciil. or to sell within the slate any climax baskets or other 
containers for small 1'rnits, berries, or vegetables, whether 

idled or unfilled, which do not conform to the provisions oi 

this act; and any person guilty of a wilful violation of any 
Of the pro\ isions of this act shall be deemed guilty of a misde 
meanor, and upon conviction thereof shall be lined in any sum 



ORCHARDS AND VINEYARDS. 27 

not exceeding twenty-five dollars : Provided, That nothing Proviso. 
herein contained shall apply to the manufacture, sale, or 
shipment of climax baskets, baskets, or other containers for 
small fruits, berries, and vegetables when intended for export 
to foreign countries when such climax baskets, baskets, or 
other containers for small fruits, berries, and vegetables ac- 
cord with the specifications of the foreign purchasers or com- 
ply with the law of the country to which shipment is made or 
to be made. 

Sec. 4. That the examination and test of climax baskets, who to test, 
baskets, or other containers for small fruits, berries, and 
vegetables, for the purpose of determining whether such bas- 
kets or other containers comply with the provisions of this 
act, shall be made by the dairy and food department, and the 
dairy and food commissioner shall establish and promulgate 
rules and regulations allowing such reasonable tolerances and 
variations as may be found necessary. 

Sec. ."). That it shall be the duty of each prosecuting at- Prosecuting 

■ tittornGv 

torney, to whom satisfactory evidence of any violation of the duty of. ' 
act is presented, to cause appropriate proceedings to be com- 
menced and prosecuted in the proper courts of the state for 
the enforcement of the penalties as in such case herein pro- 
vided. 

Sec. 6. That no dealer shall be prosecuted under the pro- ™t e n ab \ e e aler 
visions of this act when he can establish a guaranty signed 
by the manufacturer, wholesaler, jobber, or other party re- 
siding within the United States from whom such climax bas- 
kets, baskets, or other containers, as defined in this act, were 
purchased, to the effect that said climax baskets, baskets, or 
other containers are correct within the meaning of this act. 
Said guaranty, to afford protection, shall contain the name 
and address of the party or parties making the sale of climax 
baskets, baskets, or other containers to such dealer, and in 
such case said party or parties shall be amenable to the pros- 
ecutions, fines, and other penalties which would attach in due 
course to the dealer under the provisions of this act. 

Sec. 7. That this act shall be in force and effect from and 2251™* 
after the first day of November, nineteen hundred seventeen. 



An Act to regulate the packing for shipment and sale of table grapes, 
and providing penalties for violation thereof. 

[Act 107. P. A. 1913.] 

The People of the State of Michigan enact: 

§ 6495. Section 1. No grapes that are not ripe, or are unripe, etc., 
the fruit of unhealthy vines, or are for any reason unhealthy mentof! P " 
or in a state of decay shall be packed for shipment by any 
grower, packer or shipper in any package or basket of less 
than sixteen pounds capacity. 



28 



ORCHARDS AND VINEYARDS. 



Penalty for 
violation. 



EiiforcviiHiit 



§ 6496. Sec. 2, Any person or persons found guilty of 
violating any of the provisions of this act, in any conn of 
competent jurisdiction, shall be deemed guilty of a misde- 
meanor and shall be punished by a fine of not less than ten 
dollars nor more than one hundred dollars, or by imprison- 
ment in the county jail for not less than ten days nor more 
than ninety days, or by both such fine and imprisonment in 
the discretion of the court. 

§ 041)7. Sec. o. It shall be the duty of the state dairy and 
food commissioner, his deputies aud assistants, to enforce the 
provisions of this act. 



LIBRPRY OF CONGRESS 



003 144 486 P 



